McKAY CORPORATION v. HOME INSURANCE COMPANY

No. 731.

146 F.Supp. 124 (1956)

McKAY CORPORATION v. The HOME INSURANCE COMPANY.

United States District Court N. D. Indiana, Fort Wayne Division.

November 16, 1956.


Attorney(s) appearing for the Case

Gilmore Haynie and Jerome B. Van Orman, Haynie, Logan & Van Orman, Fort Wayne, Ind., for plaintiff.

Hugh E. Reynolds, Slaymaker, Locke & Reynolds, Indianapolis, Ind., J. A. Bruggeman, Fort Wayne, Ind., for defendant.


PARKINSON, Judge.

This is an action seeking recovery on an oral contract of insurance in which the court directed a verdict for the defendant at the conclusion of the plaintiff's case.

The plaintiff has filed a motion for new trial and it is the question raised thereby which now solicits the decision of this court.

Many years ago the Supreme Court of the United States rejected the scintilla of evidence rule in the federal courts, and held that before...

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